The Role of Mutual Legal Assistance in Collecting Evidences in Cases Involving Money Smuggled out of Countries

Abstract

Certain natural and legal persons who engage in corrupt practices such as embezzlement and bribery take advantage of particular countries that have strong banking secrecy provisions by lodging their assets in foreign banks of those countries. This presents a particular challenge for asset recovery processes, with procedures subject to legal difficulties which thwart attempts of repatriation.This issue demands further exploration,something that this research intends to undertake.This paper will analyze the role of mutual legal assistance in the context of the United Nations treaties and the Council of Europe treaties, which contain provisions on Mutual Legal Assistance for obtaining evidence and for the freezing and confiscation of assets. In addition, this paper will address the role of Mutual Legal Assistance in the transfer of evidence on the Swiss law. One of the key conclusions of this paper is that the process of recovering assets is complicated from a legal perspective because it applies the law of jurisdiction of the State in which the assets are deposited. We therefore recommend that developments and reforms in foreign laws be carefully examined, with particular attention being paid to provisions for Mutual legal Assistance, as well as follow-up efforts by the United Nations and the Council of Europe for adopting treaties and initiatives to support cooperation among States in criminal matters.